Thông tư 128/2025/TT-BTC quy định về quản lý, sử dụng các khoản thu, chi liên quan trong quá trình lựa chọn nhà đầu tư thực hiện dự án đầu tư theo phương thức đối tác công tư do Bộ trưởng Bộ Tài chính ban hành

CIRCULAR

PRESCRIBING MANAGEMENT AND USE OF REVENUES AND EXPENDITURES ASSOCIATED WITH SELECTION OF INVESTORS EXECUTING INVESTMENT PROJECTS IN PUBLIC – PRIVATE PARTNERSHIP FORM

Pursuant to the Government’s Decree No. 243/2025/ND-CP elaborating the Law on Public-Private Partnership Investment;

Pursuant to the Government’s Decree No. 254/2025/ND-CP prescribing management, payment and final settlement of investment funds for projects funded by public investment capital;

Pursuant to the Government’s Decree No. 312/2025/ND-CP introducing financial management mechanism for investment projects in public – private partnership form and mechanism for payment and final settlement of costs of projects applying BT contract;

Pursuant to the Government’s Decree No. 29/2025/ND-CP defining functions, tasks, powers and organizational structure of the Ministry of Finance of Vietnam (as amended by the Government’s Decree No. 166/2025/ND-CP);

At the request of the Director of the Department of Infrastructure Development;

The Minister of Finance of Vietnam promulgates a Circular prescribing management and use of revenues and expenditures associated with selection of investors executing investment projects in public – private partnership form.

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1. This Circular provides regulations on management and use of revenues and expenditures associated with selection of investors executing investment projects in public – private partnership form as prescribed in clauses 5, 6, 7 and 8 Article 5 of the Government’s Decree No. 243/2025/ND-CP elaborating the Law on Public-Private Partnership Investment (hereinafter referred to as “Decree No. 243/2025/ND-CP”).

2. Management and use of funding for covering costs incurred from publishing of information on selection of investors executing investment projects in public – private partnership form (hereinafter referred to as “PPP projects”) shall comply with the Ministry of Finance’s guidelines on management and use of costs and fees associated with contractor and investor selection on Vietnam National E-Procurement System.

Article 2. Regulated entities

Organizations and individuals (hereinafter referred to as "entities”) that participate in or are involved in selection of investors executing PPP projects as prescribed in Article 1 of this Circular.

Article 3. Rules for management of revenues and expenditures associated with selection of investors executing PPP projects

1. Revenues and expenditures associated with selection of investors executing PPP projects must stay true to their purposes and comply with policies of the State and regulations of the law.

2. Cost estimation, payment, and final settlement of revenues and expenditures during the selection of investors executing PPP projects shall comply with regulations of the Law on State Budget, and regulations on management, use, payment, and final settlement of the public investment capital and state budget-derived funding for recurrent expenditures.

Article 4. Expenditures associated with selection of investors executing PPP projects

1. Expenditure items in selection of investors and norms thereof shall comply with the provisions of Article 5 of the Decree No. 243/2025/ND-CP.

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a) Costs of office supplies, translation, information dissemination and communications;

b) Costs of meetings which are held to serve the invitation to bid and bid opening;

c) Costs of publishing of information on investor selection;

d) Other costs.

Article 5. Revenues earned from investor selection

1. Procuring entities shall transfer the amounts of proceeds from sale of bidding documents and other revenues (if any) that remain after having fulfilled all tax obligations to the state budget in accordance with regulations of the Law on State Budget.

2. Revenues from the selected investor’s refund of funding used for covering the expenditures prescribed in Article 4 of this Circular shall be transferred to the state budget in accordance with regulations of the Law on State Budget within 60 days from the effective date of the PPP project contract.

Article 6. Funding for selection of investors executing PPP projects

Funding for covering the expenditures incurred from the investor selection as prescribed in clause 6 Article 5 of the Decree No. 243/2025/ND-CP shall be included in competent authorities’ plans for funding for preparation of PPP projects derived from the source of public investment capital and estimates of state budget-derived funding for recurrent expenditures, derived from other lawful funding sources, and aggregated in total investment of the PPP project.

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1. In case procuring entities are project management boards, management, use, and final settlement of funding for bidding for selection of investors executing PPP projects shall comply with provisions of the Circular No. 70/2024/TT-BTC of the Ministry of Finance of Vietnam prescribing management and use of revenues from project advisory and management activities of project owners and project management boards of state budget-funded projects. 

2. In case professional units or affiliated units of competent authorities hire consultants on investor selection for performing a part or all of the tasks prescribed in Clauses 6, 7 Article 5 of Decree No. 243/2025/ND-CP, consulting service costs shall be subject to the following provisions:

a) Total expenditures on selection of investors, inclusive of tax (including such expenditures self-covered by the procuring entity) shall not exceed the approved estimated funding for consulting service costs;

b) The consultant shall be paid under terms and conditions of the contract signed by and between the procuring entity and the consultant;

c) Management, use, payment, and final settlement of the funding prescribed in Point b of this Clause shall comply with current regulations on management, payment, and final settlement of public investment capital and regulations of the Law on State Budget.

3. In case professional units or affiliated units of competent authorities themselves perform a part or all of the tasks prescribed Clauses 6, 7 Article 5 of Decree No. 243/2025/ND-CP as prescribed by law: Management and use of funding for covering costs of bidding for investor selection by such units shall comply with the financial mechanisms approved by such competent authorities.

4. In case funding which is lawfully raised from a source other than the state budget is used for covering costs of bidding for investor selection or where the capital provider imposes regulations on management and use of funding for covering costs of bidding for investor selection different from those of the Law on State budget, the competent authority shall assume responsibility to raise, manage, use and make payment and final settlement of funding lawfully raised from such a source in conformity with regulations related to this funding source; regimes, standards and norms of costs shall comply with regulations of law in force and other relevant laws.

Article 8. Responsibilities of relevant authorities

1. Competent authorities, agencies or units that are assigned to act as procuring entities shall:

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b) Prepare estimates of investor selection costs and reports on final settlement of actually incurred costs, and submit them to competent authorities for appraisal and approval.

2. Agencies in charge of payment tasks shall:

Assume responsibility to make payment of costs incurred from investor selection in accordance with regulations of law on making of payments using state budget-derived funding, law on public investment, the State’s financial management policies in force, and specific provisions herein.

3. Ministries, central-government authorities, other authorities and local-government authorities shall:

Inspect management and use of revenues and expenditures associated with selection of investors executing PPP projects, and take appropriate actions as prescribed by law against any individuals or units that commit violations against regulations on management and use of revenues and expenditures.

Article 9. Responsibilities of investors

Selected investors shall make refund of the funding used for covering investor selection expenditures derived from public investment capital and/or state budget-derived funding for recurrent expenditures as prescribed in clause 2 Article 5 hereof to the state budget in accordance with regulations of law on state budget.

Article 10. Implementation 

1. This Circular comes into force from the date on which it is signed.

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3. If estimates of costs of selection of investors executing PPP projects have been approved by competent authorities before the effective date of this Circular, payment and final settlement of investor selection costs shall comply with provisions of this Circular without following procedures for re-approval of cost estimates.

4. If any legislative documents referred to in this Circular are amended or superseded, the new ones shall apply.

5. Ministries, ministerial agencies, other authorities, People’s Committees at all levels, and relevant organizations and individuals are responsible for the implementation of this Circular./.

PP. MINISTER
DEPUTY MINISTER




Do Thanh Trung